State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ Engrossed ]

90_HB2554enr

      New Act
      5 ILCS 220/2              from Ch. 127, par. 742
          Creates  the  Mid-America   Intermodal   Authority   Port
      District  Act.  Establishes the duties, rights, and powers of
      the port district.  Allows the port district  to  enter  into
      agreements  or  contracts  with  airports.   Allows  the port
      district  to  acquire  property.    Provides  that  the  port
      district may apply for the right to establish a foreign trade
      zone.  Allows the  port  district  to  issue  revenue  bonds.
      Allows  the port district to levy taxes after approval by the
      voters.  Provides for  the  appointment  of  the  Mid-America
      Intermodal  Authority Port District Board.  Provides that the
      Board  may  adopt  ordinances  and  resolutions   proper   or
      necessary  to  carry  into  effect  the  powers  of  the port
      district.    Contains   other   provisions.     Amends    the
      Intergovernmental   Cooperation   Act  to  provide  that  the
      Mid-America Intermodal Authority Port District is  a  "public
      agency" for the purposes of the Act.  Effective immediately.
                                                    LRB9007777MWpcB
HB2554 Enrolled                               LRB9007777MWpcB
 1        AN  ACT  to  create  the Mid-America Intermodal Authority
 2    Port District.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  1.  Short  title.   This Act may be cited as the
 6    Mid-America Intermodal Authority Port District Act.
 7        Section 5.  Definitions.  In this Act:
 8        "Airport" means any locality, either land or water,  that
 9    is  used  or  designed  for  the  landing  and  taking off of
10    aircraft or for the  location  of  runways,  landing  fields,
11    airdromes,  hangars, buildings, structures, airport roadways,
12    and other facilities.
13        "Board"  means  Mid-America  Intermodal  Authority   Port
14    District Board.
15        "District"  means  the  Mid-America  Intermodal Authority
16    Port District created by this Act.
17        "Governmental agency" means the United States, the  State
18    of  Illinois,  any local governmental body, and any agency or
19    instrumentality, corporate or otherwise, thereof.
20        "Governor" means the Governor of the State of Illinois.
21        "Intermodal" means a type of international freight system
22    that permits transshipping among sea, highway, rail, and  air
23    modes  of  transportation  through  use of ANSI/International
24    Organization  for  Standardization  containers,   line   haul
25    assets, and handling equipment.
26        "Navigable waters" mean any public waters that are or can
27    be made usable for water commerce.
28        "Person"  means any individual, firm, partnership, trust,
29    corporation, both domestic and foreign, company, association,
30    or  joint  stock  association  and  includes   any   trustee,
31    receiver, assignee, or personal representative thereof.
HB2554 Enrolled             -2-               LRB9007777MWpcB
 1        "Port  facilities"  mean  all public and other buildings,
 2    structures,  works,  improvements,  and   equipment,   except
 3    terminal  facilities  as  defined  in  this Section, that are
 4    upon, in, over, under, adjacent, or near to navigable waters,
 5    harbors, slips, and basins and that are necessary  or  useful
 6    for or incident to the furtherance of water and land commerce
 7    and  the  operation of small boats and pleasure craft.  "Port
 8    facilities" includes the widening and  deepening  of  basins,
 9    slips,  harbors,  and  navigable  waters.   "Port facilities"
10    also mean all  lands,  buildings,  structures,  improvements,
11    equipment,  and  appliances located on district property that
12    are  used  for  industrial,  manufacturing,  commercial,   or
13    recreational purposes.
14        "Terminal"  means a public place, station, depot, or area
15    for receiving and delivering articles, commodities,  baggage,
16    mail,  freight,  or express matter and for any combination of
17    those purposes in  connection  with  the  transportation  and
18    movement by water and land of persons and property.
19        "Terminal   facilities"   mean   all   lands,  buildings,
20    structures, improvements, equipment, and appliances useful in
21    the   operation   of   public   warehouse,    storage,    and
22    transportation facilities for water and land commerce and for
23    handling,  docking,  storing,  and  servicing small boats and
24    pleasure craft.
25        Section  10.  Mid-America   Intermodal   Authority   Port
26    District  created.  There is created a political subdivision,
27    body politic, and municipal corporation by the  name  of  the
28    Mid-America  Intermodal Authority Port District embracing all
29    the area within the corporate limits of Adams,  Brown,  Cass,
30    Hancock,  Pike,  Schuyler, and Scott Counties.  Territory may
31    be annexed to the district in the  manner  provided  in  this
32    Act.   The district may sue and be sued in its corporate name
33    but execution  shall  not  in  any  case  issue  against  any
HB2554 Enrolled             -3-               LRB9007777MWpcB
 1    property  of  the  district.  It  may adopt a common seal and
 2    change the same at its pleasure.
 3        Section  15.   Property  of  district;  exemption.    All
 4    property   of   every   kind  belonging  to  the  Mid-America
 5    Intermodal Authority  Port  District  shall  be  exempt  from
 6    taxation,  provided that a tax may be levied upon a lessee of
 7    the district by reason of the value  of  a  leasehold  estate
 8    separate and apart from the fee or upon any improvements that
 9    are constructed and owned by others than the district.
10        All property of the Mid-America Intermodal Authority Port
11    District  shall  be  construed as constituting public grounds
12    owned by a municipal corporation  and  used  exclusively  for
13    public  purposes  within  the  tax  exemption  provisions  of
14    Sections  15-10,  15-15, 15-20, 15-30, 15-75, 15-140, 15-155,
15    and 15-160 of the Property Tax Code.
16        Section 20. Duties.  It shall be the  duty  of  the  port
17    district:
18        (a)  To  study  the existing harbor plans within the area
19    of  the  district  and  to  recommend  to   the   appropriate
20    governmental   agency,  including  the  General  Assembly  of
21    Illinois, any changes and modifications that may from time to
22    time be  required  by  continuing  development  and  to  meet
23    changing business and commercial needs;
24        (b)  To  make  an  investigation of conditions within the
25    area of the district and to prepare and adopt a comprehensive
26    plan for the development of port  facilities  and  intermodal
27    facilities  for  the  district. In preparing and recommending
28    changes and modifications  in  existing  harbor  plans  or  a
29    comprehensive plan for the development of port facilities and
30    intermodal   facilities,   the  district  may,  if  it  deems
31    desirable, set aside and allocate an area or areas within the
32    lands held by it to be used and operated by the  district  or
HB2554 Enrolled             -4-               LRB9007777MWpcB
 1    leased  to  private  parties  for  industrial, manufacturing,
 2    commercial, recreational, or harbor purposes, where the  area
 3    or  areas  are  not, in the opinion of the district, required
 4    for its primary purposes in the development of harbor,  port,
 5    and  intermodal  facilities  for  the use of public water and
 6    land transportation, or will not be  immediately  needed  for
 7    those  purposes,  and  where the use and operation or leasing
 8    will in the opinion of  the  district  aid  and  promote  the
 9    development of terminal, port, and intermodal facilities;
10        (c)  To  study  and  make  recommendations  to the proper
11    authority  for  the  improvement  of  terminal,   lighterage,
12    wharfage,   warehousing,   transfer,   and  other  facilities
13    necessary for the promotion of commerce and  the  interchange
14    of traffic within, to, and from the district;
15        (d)  To   study,   prepare,  and  recommend  by  specific
16    proposals to the General Assembly changes in the jurisdiction
17    of the district;
18        (e)  To petition any federal, State, municipal, or  local
19    authority,  administrative, judicial, and legislative, having
20    jurisdiction in the district for the adoption  and  execution
21    of  any  physical  improvement,  change  in method, system of
22    handling  freight,  warehousing,  docking,  lightering,   and
23    transfer of freight that, in the opinion of the district, may
24    be  designed to improve or better the handling of commerce in
25    and   through   the   district   or   improve   terminal   or
26    transportation facilities within the district;
27        (f)  To foster, stimulate, and promote  the  shipment  of
28    cargoes  and  commerce  through  ports,  whether  originating
29    within or without the State of Illinois;
30        (g)  To  acquire,  construct,  own,  lease,  and  develop
31    terminals,  wharf  facilities, piers, docks, warehouses, bulk
32    terminals, grain  elevators,  tug  boats,  and  other  harbor
33    crafts,  and any other port facility or port-related facility
34    or service that it finds necessary and convenient;
HB2554 Enrolled             -5-               LRB9007777MWpcB
 1        (h)  To perform any other act or function that  may  tend
 2    to  or  be  useful  toward  development  and  improvement  of
 3    harbors,  sea ports, and port-related facilities and services
 4    and to increase foreign and  domestic  commerce  through  the
 5    harbors and ports within the port district; and
 6        (i)  To   study   and   make  recommendations  for  river
 7    resources management and environmental education  within  the
 8    district,  including  but  not  limited  to,  wetlands banks,
 9    mitigation areas, water retention  and  sedimentation  areas,
10    fish  hatcheries,  or  wildlife sanctuaries, natural habitat,
11    and native plant research.
12        Section 25.  Changes in harbor plans.   Any  changes  and
13    modifications  in  harbor  plans  within the area of the port
14    district from time to time recommended by the district or any
15    comprehensive plan for the development of the port facilities
16    adopted by the district, under the authority granted by  this
17    Act,   shall  be  submitted  to  the  Department  of  Natural
18    Resources for approval and approval by the  Department  shall
19    be  conclusive evidence, for all purposes, that these changes
20    and modifications conform to the provisions of this Act.
21        Section 30. Rights and powers.  The port  district  shall
22    have the following rights and powers:
23        (a)  To   issue  permits  for  the  construction  of  all
24    wharves,  piers,   dolphins,   booms,   weirs,   breakwaters,
25    bulkheads,  jetties, bridges, or other structures of any kind
26    over, under, in, or within 40 feet of  any  navigable  waters
27    within the district; for the deposit of rock, earth, sand, or
28    other  material; or for any matter of any kind or description
29    in those waters;
30        (b)  To prevent or  remove  obstructions,  including  the
31    removal of wrecks;
32        (c)  To  locate  and  establish  dock  lines and shore or
HB2554 Enrolled             -6-               LRB9007777MWpcB
 1    harbor lines;
 2        (d)  To acquire, own, construct,  sell,  lease,  operate,
 3    and  maintain  port  and  harbor,  water,  and  land terminal
 4    facilities and, subject to the provisions of Section  35,  to
 5    operate  or  contract  for the operation of those facilities,
 6    and   to   fix   and   collect    just,    reasonable,    and
 7    non-discriminatory  charges,  rentals, or fees for the use of
 8    those facilities. The charges, rentals, or fees so  collected
 9    shall  be made available to defray the reasonable expenses of
10    the district and to pay the principal of and interest on  any
11    revenue bonds issued by the district;
12        (e)  To  enter  into  any  agreement or contract with any
13    airport for the use  of  airport  facilities  to  the  extent
14    necessary to carry out any of the purposes of the district;
15        (f)  To  the  extent  authorized by the Intergovernmental
16    Cooperation Act, to enter into any agreements with any  other
17    public agency of this State;
18        (g)  To  the extent authorized by any interstate compact,
19    to enter into agreements with any  other  state  or  unit  of
20    local government of any other state; and
21        (h)  To  enter  into contracts dealing in any manner with
22    the objects and purposes of this Act.
23        Section 35.  Contracts for operation  of  warehouses  and
24    storage  facilities.    Any  public warehouse or other public
25    storage  facility  owned  or  otherwise  controlled  by   the
26    district  shall  be  operated by persons under contracts with
27    the district. Any contract shall reserve  reasonable  rentals
28    or  other  charges  payable to the district sufficient to pay
29    the cost of maintaining, repairing, regulating, and operating
30    the facilities and to pay the principal of  and  interest  on
31    any  revenue bonds issued by the district and may contain any
32    other conditions that may be mutually agreed  upon.  However,
33    upon  the  breach  of  a  contract  or  if  no contract is in
HB2554 Enrolled             -7-               LRB9007777MWpcB
 1    existence as to any facility, the district shall  temporarily
 2    operate  the  facility until a contract for its operation can
 3    be negotiated.
 4        Section  40.  Procedure  for  leases  or  contracts   for
 5    operation  of  warehouses and storage facilities.  All leases
 6    or other contracts for operation of any public  warehouse  or
 7    public  grain  elevator  to  which this Section is applicable
 8    owned or  otherwise  controlled  by  the  district  shall  be
 9    governed  by the following procedures.  Notice shall be given
10    by the district that bids will be received for the  operation
11    of the public warehouse or public grain elevator. This notice
12    shall  state  the  time within which and the place where bids
13    may be submitted, the time and place of opening of bids,  and
14    shall  be  published  not  more than 30 days nor less than 15
15    days in advance of the first day for the submission  of  bids
16    in any one or more newspapers designated by the district that
17    have  a  general  circulation within the district. The notice
18    shall specify sufficient data of the  proposed  operation  to
19    enable  bidders  to  understand  the  scope of the operation;
20    provided, however, that contracts that by  their  nature  are
21    not   adapted  to  award  by  competitive  bidding,  such  as
22    contracts for the services of individuals possessing  a  high
23    degree  of  personal  skill,  contracts  for  the purchase or
24    binding of magazines, books, periodicals, pamphlets, reports,
25    and similar articles, and contracts for utility services such
26    as water, light, heat, telephone, or telegraph, shall not  be
27    subject  to  the  competitive  bidding  requirements  of this
28    Section.
29        The  Board  may,  by  ordinance,  promulgate   reasonable
30    regulations  prescribing the qualifications of the bidders as
31    to experience, adequacy of  equipment,  ability  to  complete
32    performance  within  the  time  set,  and  other  factors  in
33    addition  to financial responsibility, and may, by ordinance,
HB2554 Enrolled             -8-               LRB9007777MWpcB
 1    provide for suitable performance guaranties to qualify a bid.
 2    Copies of all regulations shall  be  made  available  to  all
 3    bidders.
 4        The  district may determine in advance the minimum rental
 5    that should be produced by the  public  warehouse  or  public
 6    grain  elevator offered and, if no qualified bid will produce
 7    the minimum rental, all bids may be rejected and the district
 8    shall then readvertise for bids. If after the readvertisement
 9    no responsible and satisfactory bid within the terms  of  the
10    advertisement  is received, the district may then negotiate a
11    lease for not less than  the  amount  of  minimum  rental  so
12    determined.  If, after negotiating for a lease as provided in
13    this Section, it is found necessary  to  revise  the  minimum
14    rental  to  be  produced by the facilities offered for lease,
15    then the  district  shall  again  readvertise  for  bids,  as
16    provided in this Section, before negotiating a lease.
17        If  the  district  shall  temporarily  operate any public
18    warehouse or public grain elevator as provided in Section 35,
19    the temporary operation shall not continue for more than  one
20    year  without  advertising  for bids for the operation of the
21    facility as provided in this Section.
22        Section 45.  Obligations for expenses not to be  incurred
23    until  appropriations  made.   Unless  and until the revenues
24    from operations conducted by the  district  are  adequate  to
25    meet   all   expenditures   or  unless  and  until  otherwise
26    determined by an act of the General  Assembly,  the  district
27    shall  not  incur  any  obligations  for salaries, office, or
28    administrative expenses before the making  of  appropriations
29    to meet those expenses.
30        Section 50.  Acquisition of property.
31        (a)  The  district shall have power to acquire and accept
32    by purchase, lease, gift, grant, or  otherwise  any  and  all
HB2554 Enrolled             -9-               LRB9007777MWpcB
 1    real  property,  whether  a  fee  simple absolute or a lesser
 2    estate, and personal property either within  or  without  its
 3    corporate  limits  or  any  right  that may be useful for its
 4    purposes and to  provide  for  the  development  of  adequate
 5    channels,   ports,   harbors,   terminals,  port  facilities,
 6    terminal facilities, and intermodal  facilities  adequate  to
 7    serve  the  needs  of  commerce  within  the  district.   The
 8    district  shall have the right to grant easements and permits
 9    for  the  use  of  any  real  property,  rights  of  way,  or
10    privileges that, in  the  opinion  of  the  Board,  will  not
11    interfere  with  the  use  of  the district's property by the
12    district for its  primary  purposes  and  the  easements  and
13    permits  may  contain  any conditions and retain any interest
14    therein that may be deemed  for  the  best  interest  of  the
15    district by the Board.
16        (b)  Any   property   or  facility  shall  be  leased  or
17    operated, if at all, only by 2 or more unrelated  contracting
18    parties  in  parcels that are as nearly equal in all respects
19    as practicable unless the Board determines that it is in  the
20    best  interest  of  the  district  to  lease  the property or
21    facility to a single contracting party.
22        The district, subject  to  the  public  bid  requirements
23    prescribed in Section 40 with respect to public warehouses or
24    public grain elevators, may lease to others for any period of
25    time not to exceed 99 years upon any terms that the Board may
26    determine  any  of  its  real  property,  rights  of  way, or
27    privileges, any interest therein, or  any  part  thereof  for
28    industrial,   manufacturing,   commercial,  recreational,  or
29    harbor purposes, that is in  the  opinion  of  the  Board  no
30    longer  required  for its primary purposes in the development
31    of port, harbor, and intermodal facilities or that may not be
32    immediately needed for those purposes.  Where the leases will
33    in the opinion of the Board aid and promote  those  purposes,
34    and  in conjunction with those leases, the district may grant
HB2554 Enrolled             -10-              LRB9007777MWpcB
 1    rights of way and  privileges  across  the  property  of  the
 2    district,   which   rights  of  way  and  privileges  may  be
 3    assignable and irrevocable during the term of any  lease  and
 4    may  include  the  right  to  enter  upon the property of the
 5    district to do any things  that  may  be  necessary  for  the
 6    enjoyment  of  the  leases, rights of way, and privileges and
 7    the leases may contain any conditions and retain any interest
 8    that may be deemed for the best interest of the  district  by
 9    the Board.
10        With  respect to any and all leases, easements, rights of
11    way, privileges, and permits made or granted  by  the  Board,
12    the  Board  may  agree upon and collect the rentals, charges,
13    and fees that may be deemed for  the  best  interest  of  the
14    district  by the Board.  The rentals, charges, and fees shall
15    be used to defray the reasonable expenses of the district and
16    to pay the principal of and interest  on  any  revenue  bonds
17    issued by the district.
18        (c)  The  district may dedicate to the public for highway
19    purposes any of its real property and those  dedications  may
20    be  subject  to  any  conditions  and  the  retention  of any
21    interest that may be deemed for  the  best  interest  of  the
22    district by the Board.
23        (d)  The district may sell, convey, or operate any of its
24    buildings,  structures,  or  other  improvements located upon
25    district property that may be deemed in the best interest  of
26    the district by the Board.
27        Section  55.  Grants,  loans,  and  appropriations.   The
28    district  has power to apply for and accept grants, loans, or
29    appropriations from the federal government or any  agency  or
30    instrumentality  thereof  or  the  State  of  Illinois or any
31    agency or instrumentality thereof to be used for any  of  the
32    purposes of the district and to enter into any agreement with
33    the  federal government, the State of Illinois, or any agency
HB2554 Enrolled             -11-              LRB9007777MWpcB
 1    or instrumentality thereof in relation to the grants,  loans,
 2    or appropriations.
 3        Section  60.  Foreign  trade  zones  and  sub-zones.  The
 4    district has power to apply to the proper authorities of  the
 5    United  States  of  America under the appropriate law for the
 6    right to establish,  operate,  maintain,  and  lease  foreign
 7    trade  zones  and  sub-zones  within  the jurisdiction of the
 8    United States Customs  Service  and  to  establish,  operate,
 9    maintain, and lease the foreign trade zones and sub-zones.
10        Section  65. Insurance contracts.  The district has power
11    to procure and enter into contracts for any type of insurance
12    and indemnity against loss or damage  to  property  from  any
13    cause,  including loss of use and occupancy, against death or
14    injury of any person, against employers'  liability,  against
15    any  act  of any member, officer, or employee of the Board or
16    of the district in the performance of the duties  of  his  or
17    her office or employment or any other insurable risk.
18        Section 70.  Borrowing money; revenue bonds.
19        (a)  The  district  has  the  continuing  power to borrow
20    money   for   the   purpose   of   acquiring,   constructing,
21    reconstructing, extending, operating, or improving terminals,
22    terminal  facilities,   port   facilities,   and   intermodal
23    facilities;  for  acquiring any property and equipment useful
24    for the construction, reconstruction, extension, improvement,
25    or operation of  its  terminals,  terminal  facilities,  port
26    facilities,  and  intermodal  facilities;  and  for acquiring
27    necessary cash working funds.  For the purpose of  evidencing
28    the  obligation  of the district to repay any money borrowed,
29    the district may, by ordinances adopted  by  the  Board  from
30    time  to  time,  issue  and  dispose  of its interest bearing
31    revenue bonds, notes, or certificates and may also from  time
HB2554 Enrolled             -12-              LRB9007777MWpcB
 1    to  time  issue  and  dispose of its interest bearing revenue
 2    bonds, notes, or certificates to refund any bonds, notes,  or
 3    certificates  at  maturity  or by redemption provisions or at
 4    any time before maturity with  the  consent  of  the  holders
 5    thereof.
 6        (b)  All  bonds, notes, and certificates shall be payable
 7    solely from the revenues or income to  be  derived  from  the
 8    terminals,   terminal   facilities,   port   facilities,  and
 9    intermodal facilities or any part thereof; may bear any  date
10    or  dates;  may  mature at any time or times not exceeding 40
11    years from their respective dates; may bear interest  at  any
12    rate  or  rates payable semiannually; may be in any form; may
13    carry any registration privileges; may  be  executed  in  any
14    manner;  may  be  payable at any place or places; may be made
15    subject to redemption in any manner and upon any terms,  with
16    or without premium that is stated on the face thereof; may be
17    authenticated  in  any  manner; and may contain any terms and
18    covenants as may be provided in the ordinance.  The holder or
19    holders  of  any  bonds,  notes,  certificates,  or  interest
20    coupons appertaining to the bonds,  notes,  and  certificates
21    issued  by the district may bring civil actions to compel the
22    performance and observance by the  district  or  any  of  its
23    officers,  agents,  or  employees of any contract or covenant
24    made by the district with the holders of those bonds,  notes,
25    certificates,  or interest coupons and to compel the district
26    and any of its officers, agents, or employees to perform  any
27    duties  required  to  be  performed  for  the  benefit of the
28    holders  of  any  bonds,  notes,  certificates,  or  interest
29    coupons by the provision in the ordinance  authorizing  their
30    issuance, and to enjoin the district and any of its officers,
31    agents,  or employees from taking any action in conflict with
32    any such contract or covenant, including the establishment of
33    charges, fees,  and  rates  for  the  use  of  facilities  as
34    provided  in this Act.  Notwithstanding the form and tenor of
HB2554 Enrolled             -13-              LRB9007777MWpcB
 1    any bonds, notes, or certificates and in the absence  of  any
 2    express recital on the face thereof that it is nonnegotiable,
 3    all  bonds,  notes,  and  certificates  shall  be  negotiable
 4    instruments.   Pending  the  preparation and execution of any
 5    bonds, notes, or certificates,  temporary  bonds,  notes,  or
 6    certificates  may  be issued with or without interest coupons
 7    as may be provided by ordinance.
 8        (c)  The bonds, notes, or certificates shall be  sold  by
 9    the  corporate authorities of the district in any manner that
10    the corporate authorities shall  determine,  except  that  if
11    issued to bear interest at the minimum rate permitted by Bond
12    Authorization  Act, the bonds shall be sold for not less than
13    par and accrued interest and except that the selling price of
14    bonds bearing interest at a rate less than the  maximum  rate
15    permitted in that Act shall be such that the interest cost to
16    the  district  of the money received from the bond sale shall
17    not exceed such maximum rate annually  computed  to  absolute
18    maturity  of said bonds or certificates according to standard
19    tables of bond values.
20        (d)  From and after the issue of  any  bonds,  notes,  or
21    certificates  as  provided  in  this Section, it shall be the
22    duty of the corporate authorities of the district to fix  and
23    establish  rates, charges, and fees for the use of facilities
24    acquired, constructed, reconstructed, extended,  or  improved
25    with  the proceeds derived from the sale of the bonds, notes,
26    or certificates sufficient at all times with  other  revenues
27    of  the district, if any, to pay (i) the cost of maintaining,
28    repairing, regulating, and operating the facilities and  (ii)
29    the  bonds,  notes,  or  certificates and interest thereon as
30    they shall become due, all sinking fund requirements, and all
31    other requirements provided by the ordinance authorizing  the
32    issuance  of the bonds, notes, or certificates or as provided
33    by any trust agreement executed to  secure  payment  thereof.
34    To  secure  the  payment  of  any  or all of bonds, notes, or
HB2554 Enrolled             -14-              LRB9007777MWpcB
 1    certificates  and  for  the  purpose  of  setting  forth  the
 2    covenants and undertaking of the district in connection  with
 3    the  issuance  of those bonds, notes, or certificates and the
 4    issuance of any  additional  bonds,  notes,  or  certificates
 5    payable from revenue income to be derived from the terminals,
 6    terminal   facilities,   port   facilities,   and  intermodal
 7    facilities the district  may  execute  and  deliver  a  trust
 8    agreement  or  agreements.  A lien upon any physical property
 9    of the district may be created by  the  trust  agreement.   A
10    remedy  for  any  breach or default of the terms of any trust
11    agreement by the district may be by mandamus  proceedings  in
12    the  circuit  court to compel performance and compliance with
13    the agreement, but the trust agreement may prescribe by  whom
14    or on whose behalf the action may be instituted.
15        Section  75.  Bonds  not  obligations  of  the  State  or
16    district.   Under no circumstances shall any bonds, notes, or
17    certificates issued by the district or any  other  obligation
18    of the district be or become an indebtedness or obligation of
19    the  State  of Illinois or of any other political subdivision
20    of or municipality within the  State,  nor  shall  any  bond,
21    note, certificate, or obligation be or become an indebtedness
22    of  the  district  within  the  purview of any constitutional
23    limitation or provision.  It shall be plainly stated  on  the
24    face  of  each  bond,  note, and certificate that it does not
25    constitute an  indebtedness  or  obligation  but  is  payable
26    solely from the revenues or income of the district.
27        Section  80.  Revenue  bonds  as  legal investments.  The
28    State and all counties, cities, villages, incorporated  towns
29    and  other  municipal  corporations,  political subdivisions,
30    public bodies, and public officers of any thereof; all banks,
31    bankers, trust companies,  savings  banks  and  institutions,
32    building    and   loan   associations,   savings   and   loan
HB2554 Enrolled             -15-              LRB9007777MWpcB
 1    associations,  investment  companies,   and   other   persons
 2    carrying  on  a  banking  business;  all insurance companies,
 3    insurance associations, and  other  persons  carrying  on  an
 4    insurance   business;   and  all  executors,  administrators,
 5    guardians, trustees, and other fiduciaries may legally invest
 6    any sinking funds, moneys, or other funds belonging  to  them
 7    or  within their control in any bonds, notes, or certificates
 8    issued under this Act.  It is the purpose of this Section  to
 9    authorize  the investment in bonds, notes, or certificates of
10    all sinking, insurance,  retirement,  compensation,  pension,
11    and  trust  funds,  whether owned or controlled by private or
12    public persons or officers; provided, however,  that  nothing
13    contained  in  this Section may be construed as relieving any
14    person  from  any  duty  of  exercising  reasonable  care  in
15    selecting securities for purchase or investment.
16        Section 85.  Taxes.   The  Board  may,  after  referendum
17    approval,  levy  a tax for corporate purposes of the district
18    annually at the rate approved by referendum, but  which  rate
19    shall  not  exceed  .05% of the value of all taxable property
20    within the port district as  equalized  or  assessed  by  the
21    Department of Revenue.
22        If  the  Board  desires to levy a tax it shall order that
23    the question be submitted at an election to  be  held  within
24    the  district and shall certify the order and the question to
25    the proper election officials, who shall submit the  question
26    to  the voters at an election under the general election law.
27    The Board shall cause the result  of  the  referendum  to  be
28    entered upon the records of the port district.  If a majority
29    of  the  vote on the question is in favor of the proposition,
30    the Board may annually thereafter levy a  tax  for  corporate
31    purposes  at a rate not to exceed that approved by referendum
32    but in no event to exceed .05% of the value  of  all  taxable
33    property  within the district as equalized or assessed by the
HB2554 Enrolled             -16-              LRB9007777MWpcB
 1    Department of Revenue.
 2        The question shall  be  in  substantially  the  following
 3    form:
 4             Shall  the  Mid-America  Intermodal  Authority  Port
 5        District  levy a tax annually not to exceed (insert rate)
 6        % of the  value  of  taxable  property  as  equalized  or
 7        assessed  by  the  Department  of  Revenue  for corporate
 8        purposes.
 9    The votes shall be recorded as "Yes" or "No".
10        Section 90. Permits.  It shall be unlawful  to  make  any
11    fill  or  deposit of rock, earth, sand, or other material, or
12    any refuse matter of any kind or  description,  or  build  or
13    commence  the  building  of  any  wharf, pier, dolphin, boom,
14    weir, breakwater, bulkhead, jetty, bridge, or other structure
15    over, under, in, or within 40 feet of  any  navigable  waters
16    within  the  district  without  first  submitting  the plans,
17    profiles, and specifications for it, and any other  data  and
18    information  that  may  be  required,  to  the  district  and
19    receiving  a  permit.  Any person, corporation, company, city
20    or municipality, or other agency that does any of the  things
21    prohibited  in  this  Section  without  securing  a permit is
22    guilty of a Class A  misdemeanor.  Any  structure,  fill,  or
23    deposit  erected or made in any of the public bodies of water
24    within the district in violation of the  provisions  of  this
25    Section  is declared to be a purpresture and may be abated as
26    such at the expense  of  the  person,  corporation,  company,
27    city,  municipality,  or other agency responsible for it.  If
28    in the discretion of the district  it  is  decided  that  the
29    structure,  fill, or deposit may remain, the district may fix
30    any rule, regulation, requirement, restrictions,  or  rentals
31    or require and compel any changes, modifications, and repairs
32    that  shall  be  necessary  to  protect  the  interest of the
33    district.
HB2554 Enrolled             -17-              LRB9007777MWpcB
 1        Section  100.   Mid-America  Intermodal  Authority   Port
 2    District    Board;    compensation.     The   governing   and
 3    administrative  body  of  the  district  shall  be  a   board
 4    consisting  of  7  members,  to  be  known as the Mid-America
 5    Intermodal Authority Port District  Board.   Members  of  the
 6    Board  shall  be  residents  of  a county whose territory, in
 7    whole or in part, is embraced by the district and persons  of
 8    recognized  business ability.  The members of the Board shall
 9    receive compensation for their services, set by the Board  at
10    an   amount  not  to  exceed  $20,000  annually,  except  the
11    chairperson may receive an  additional  $5,000  annually,  if
12    approved  by  the  Board.   All  compensation  shall  be paid
13    directly from the district's operating  funds.   The  members
14    shall  receive no other compensation whatever, whether in the
15    form of salary, per diem allowance, or otherwise, for  or  in
16    connection  with their service as members.  Each member shall
17    be reimbursed for actual expenses incurred by him or  her  in
18    the  performance  of  the member's duties.  Any person who is
19    appointed to the office of  secretary  or  treasurer  of  the
20    Board may receive compensation for services as an officer, as
21    determined  by  the  Board, provided that the person is not a
22    member of the Board.  No member of the Board or  employee  of
23    the  district  shall  have  any  private  financial interest,
24    profit, or benefit in any contract, work, or business of  the
25    district  or  in the sale or lease of any property to or from
26    the district.
27        Section 105. Appointment of Board members.  The Governor,
28    by and with the advice  and  consent  of  the  Senate,  shall
29    appoint  3  members  of  the Board for initial terms expiring
30    June first of the years 2000, 2001, and  2002,  respectively,
31    and  the chairpersons of county boards of the counties within
32    the district  shall  appoint  4  members  for  initial  terms
33    expiring  June first of the years 2000, 2001, 2002, and 2003,
HB2554 Enrolled             -18-              LRB9007777MWpcB
 1    respectively, in a meeting  specifically  convened  for  that
 2    purpose.   Except   as  provided  in  this  Section,  at  the
 3    expiration of  the  term  of  any  member  appointed  by  the
 4    Governor,  his  or  her  successor  shall be appointed by the
 5    Governor in like manner, and at the expiration of the term of
 6    any member  appointed  by  the  county  boards,  his  or  her
 7    successor  shall  be  appointed  by the county boards in like
 8    manner,    as  appointments  for  the  initial   terms.   All
 9    successors shall hold office for the term of 5 years from the
10    first  day  of  June of the year in which they are appointed,
11    except in the case of an appointment to fill  a  vacancy.  In
12    case  of vacancy in the office of any member appointed by the
13    Governor during the recess of the Senate, the Governor  shall
14    make  a  temporary  appointment until the next meeting of the
15    Senate when the Governor shall nominate some person  to  fill
16    the  office; and any person so nominated, who is confirmed by
17    the Senate, shall hold his or her office during the remainder
18    of the term and until his or her successor shall be appointed
19    and qualified.  Each appointment by  the  Governor  shall  be
20    subject to approval by the county boards and each appointment
21    by  the  county  boards  shall  be subject to approval by the
22    Governor, and, when so approved, the Governor and the  county
23    boards   shall  certify  their  respective  appointments  and
24    approvals to the Secretary of State.  Within  30  days  after
25    certification  and  approval  of  his or her appointment, and
26    before entering upon the duties of his or  her  office,  each
27    member   of   the   Board   shall   take  and  subscribe  the
28    constitutional oath of office and file it in  the  office  of
29    the Secretary of State.
30        All  members of the Board shall reside within the area of
31    the district as defined in Section 10 of this Act.
32        Section 110. Resignation and removal  of  Board  members;
33    vacancies.   Members  of  the  Board  shall hold office until
HB2554 Enrolled             -19-              LRB9007777MWpcB
 1    their  respective  successors   have   been   appointed   and
 2    qualified.  Any  member may resign from his or her office, to
 3    take effect when his or her successor has been appointed  and
 4    has  qualified. The Governor and the county boards may remove
 5    any member  of  the  Board  appointed  by  them  in  case  of
 6    incompetency, neglect of duty, or malfeasance in office. They
 7    shall  give  the  member a copy of the charges against him or
 8    her and an opportunity to be publicly heard in person  or  by
 9    counsel in his or her own defense upon not less than 10 days'
10    notice.  In  case  of  failure  to  qualify  within  the time
11    required, of abandonment of office, or of  death,  conviction
12    of  a  crime, or removal from office, the office shall become
13    vacant. Each vacancy shall be filled for the  unexpired  term
14    by appointment in like manner, and with like regard as to the
15    place of residence of the appointee, as in case of expiration
16    of the term of a member of the Board.
17        Section  115.  Organization  of  the  Board.   As soon as
18    possible after the appointment of the  initial  members,  the
19    Board  shall organize for the transaction of business, select
20    a chairperson and a temporary secretary from its own  number,
21    and  adopt by-laws and regulations to govern its proceedings.
22    The initial chairperson and successors shall  be  elected  by
23    the Board from time to time for the term of his or her office
24    as  a  member  of  the  Board  or  for  the  term of 3 years,
25    whichever is shorter.
26        Section 120. Meetings; ordinances and resolutions; public
27    records.  Regular  meetings of the Board  shall  be  held  at
28    least  once in each calendar month, the time and place of the
29    meeting to be fixed by the Board. Four members of  the  Board
30    shall  constitute  a  quorum for the transaction of business.
31    All action of the Board shall be by ordinance  or  resolution
32    and  the  affirmative  vote  of  at  least 4 members shall be
HB2554 Enrolled             -20-              LRB9007777MWpcB
 1    necessary for the adoption of any  ordinance  or  resolution.
 2    All  ordinances and resolutions before taking effect shall be
 3    approved by the chairperson of the Board.  If the chairperson
 4    shall approve the ordinance or resolution, he  or  she  shall
 5    sign  it.   Those  ordinances  or resolutions the chairperson
 6    shall not approve the chairperson shall return to  the  Board
 7    with  his  or  her  objections in writing at the next regular
 8    meeting of the Board  occurring  after  the  passage  of  the
 9    ordinances or resolutions.   If the chairperson shall fail to
10    return any ordinance or resolution with his or her objections
11    by  the  time  required  in  this Section, he or she shall be
12    deemed  to  have  approved  it  and  it  shall  take   effect
13    accordingly.  Upon  the return of any ordinance or resolution
14    by the chairperson with his or her objections,  the  vote  by
15    which  the  ordinance  or  resolution  was  passed  shall  be
16    reconsidered  by  the  Board.   If  upon  reconsideration the
17    ordinance or resolution is passed by the affirmative vote  of
18    at  least  5 members, it shall go into effect notwithstanding
19    the veto of the chairperson. All ordinances, resolutions, all
20    proceedings of the district, and all documents and records in
21    its possession shall be public records, and  open  to  public
22    inspection,  except  any  documents and records that shall be
23    kept or prepared  by  the  Board  for  use  in  negotiations,
24    actions, or proceedings to which the district is a party.
25        Section 125. Secretary and treasurer; oath and bond.  The
26    Board  shall appoint a secretary and a treasurer who need not
27    be members of the Board to hold office during the pleasure of
28    the  Board.   The  Board   shall   fix   their   duties   and
29    compensation.  Before  entering  upon  the  duties  of  their
30    respective   offices,  they  shall  take  and  subscribe  the
31    constitutional oath of office and the treasurer shall execute
32    a bond with corporate sureties to be approved by  the  Board.
33    The  bond  shall be payable to the district in whatever penal
HB2554 Enrolled             -21-              LRB9007777MWpcB
 1    sum may  be  directed  by  the  Board  conditioned  upon  the
 2    faithful  performance  of  the  duties  to the office and the
 3    payment of all money received by him or her according to  law
 4    and  the  orders  of  the  Board. The Board may, at any time,
 5    require a new bond from the treasurer in any penal  sum  that
 6    may  be  determined  by  the  Board.  The  obligation  of the
 7    sureties shall not  extend  to  any  loss  sustained  by  the
 8    insolvency,  failure,  or  closing  of  any  savings and loan
 9    association or national or State bank wherein  the  treasurer
10    has   deposited  funds  if  the  bank  or  savings  and  loan
11    association has been approved by the Board  as  a  depositary
12    for those funds. The oaths of office and the treasurer's bond
13    shall be filed in the principal office of the district.
14        Section 130. Deposits; checks or drafts.
15        (a)  All  funds deposited by the treasurer in any bank or
16    savings and loan association shall be placed in the  name  of
17    the district and shall be withdrawn or paid out only by check
18    or  draft  upon  the  bank  or  savings and loan association,
19    signed by the treasurer and countersigned by the  chairperson
20    of  the  Board. The Board may designate any of its members or
21    any  officer  or  employee  of  the  district  to  affix  the
22    signature  of  the  chairperson  and  another  to  affix  the
23    signature of the treasurer to any check or draft for  payment
24    of  salaries or wages and for payment of any other obligation
25    of not more than $10,000.
26        No bank or savings and  loan  association  shall  receive
27    public  funds  as  permitted  by  this  Section unless it has
28    complied with the requirements established under Section 6 of
29    the Public Funds Investment Act.
30        (b)  In case any officer whose signature appears upon any
31    check or draft issued under this Act ceases to  hold  his  or
32    her  office  before the delivery of the check or draft to the
33    payee, his or her signature nevertheless shall be  valid  and
HB2554 Enrolled             -22-              LRB9007777MWpcB
 1    sufficient  for all purposes with the same effect as if he or
 2    she had remained in office until delivery  of  the  check  or
 3    draft.
 4        Section  135.  Prompt payment.  Purchases made under this
 5    Act shall be made in compliance  with  the  Local  Government
 6    Prompt Payment Act.
 7        Section   140.    Executive   director,   officers,   and
 8    employees.   The Board may appoint an executive director, who
 9    shall  be  a  person  of  recognized  ability  and   business
10    experience,  to hold office during the pleasure of the Board.
11    The  executive  director  shall  have   management   of   the
12    properties,  business,  and  the  employees  of  the district
13    subject to the general control of the Board; shall direct the
14    enforcement  of  all  ordinances,  resolutions,  rules,   and
15    regulations  of the Board; and shall perform any other duties
16    that may be prescribed from time to time by the  Board.   The
17    Board may appoint a general attorney and a chief engineer and
18    shall  provide  for  the  appointment  of any other officers,
19    attorneys, engineers, consultants, agents, and employees that
20    may be necessary.   The Board shall define their  duties  and
21    require bonds of those that it may designate.
22        The executive director, general attorney, chief engineer,
23    and  all other officers provided for under this Section shall
24    be exempt from taking and subscribing any oath of office  and
25    shall  not  be  members of the Board. The compensation of the
26    executive director, general attorney, chief engineer, and all
27    other officers, attorneys, consultants, agents, and employees
28    shall be fixed by the Board, subject  to  the  provisions  of
29    Section 125 of this Act.
30        Section  145.  Fines and penalties.  The Board shall have
31    power to pass all  ordinances  and  to  make  all  rules  and
HB2554 Enrolled             -23-              LRB9007777MWpcB
 1    regulations  proper  or  necessary  to  carry into effect the
 2    powers granted to the district, with any fines  or  penalties
 3    that  may  be deemed proper. All fines and penalties shall be
 4    imposed by ordinances that shall be published in a  newspaper
 5    of  general circulation published in the area embraced by the
 6    district. No ordinance shall take effect until 10 days  after
 7    its publication.
 8        Section  150.  Report  and  financial statement.  As soon
 9    after the end of each fiscal year as may  be  expedient,  the
10    Board  shall prepare and print a complete and detailed report
11    and financial statement of its operations and of  its  assets
12    and  liabilities. A reasonably sufficient number of copies of
13    the report shall  be  printed  for  distribution  to  persons
14    interested,  upon  request, and a copy of the report shall be
15    filed with the Governor and the county clerk of  each  county
16    that is within the area of the district. A copy of the report
17    shall  be  addressed  to  and  mailed  to  the mayor and city
18    council  or  president  and  board  of   trustees   of   each
19    municipality within the area of the district.
20        Section  155. Investigations by the Board.  The Board may
21    investigate conditions in which it has an interest within the
22    area of the district;  the  enforcement  of  its  ordinances,
23    rules,   and   regulations;  and  the  action,  conduct,  and
24    efficiency of all officers,  agents,  and  employees  of  the
25    district. In the conduct of investigations the Board may hold
26    public  hearings  on  its  own  motion  and  shall  do  so on
27    complaint of  any  municipality  within  the  district.  Each
28    member  of the Board shall have power to administer oaths and
29    the secretary, by order of the Board, shall  issue  subpoenas
30    to  secure  the attendance and testimony of witnesses and the
31    production of books and papers relevant to investigations and
32    to any hearing before the Board or any member of the Board.
HB2554 Enrolled             -24-              LRB9007777MWpcB
 1        Any circuit court of this State, upon application of  the
 2    Board  or  any  member  of  the  Board, may in its discretion
 3    compel the attendance of witnesses, the production  of  books
 4    and  papers, and giving of testimony before the Board, before
 5    any member of the Board, or before  any  officers'  committee
 6    appointed   by  the  Board  by  attachment  for  contempt  or
 7    otherwise in the same manner as the  production  of  evidence
 8    may be compelled before the court.
 9        Section  160.  Annexation.   Territory that is contiguous
10    to the district and that is not  included  within  any  other
11    port  district  may  be  annexed  to and become a part of the
12    district in the  manner  provided  in  Section  165  or  170,
13    whichever is applicable.
14        Section  165.  Petition  for  annexation.  At least 5% of
15    the legal voters resident within the limits of  the  proposed
16    addition to the district shall petition the circuit court for
17    a  county  in which a major part of the district is situated,
18    to cause the question  of  whether  the  proposed  additional
19    territory shall become a part of the district to be submitted
20    to  the  legal  voters  of the proposed additional territory.
21    The petition shall  be  addressed  to  the  court  and  shall
22    contain  a  definite  description  of  the  boundaries of the
23    territory to be embraced in the proposed addition.
24        Upon the filing of any petition with  the  clerk  of  the
25    court,  the  court  shall  fix a time and place for a hearing
26    upon the subject of the petition.
27        Notice shall be given by the court to whom  the  petition
28    is addressed or by the circuit clerk or sheriff of the county
29    in  which  the petition is made at the order and direction of
30    the court of the time and  place  of  the  hearing  upon  the
31    subject  of  the petition at least 20 days before the hearing
32    by at least one publication of the notice  in  any  newspaper
HB2554 Enrolled             -25-              LRB9007777MWpcB
 1    having  general  circulation  within  the area proposed to be
 2    annexed, and by mailing a copy of the notice to the mayor  or
 3    president  of  the board of trustees of all cities, villages,
 4    and incorporated towns within the district.
 5        At the hearing the  district,  all  persons  residing  or
 6    owning property within the district, and all persons residing
 7    in  or  owning  property  situated in the area proposed to be
 8    annexed to the district may appear and be heard touching upon
 9    the sufficiency of the petition.  If the court finds that the
10    petition does not comply with the requirements  of  the  law,
11    the  court  shall  dismiss  the petition.  If the court finds
12    that the petition is sufficient, the court shall certify  the
13    petition and the proposition to the proper election officials
14    who shall submit the proposition to the voters at an election
15    under   the   general  election  law.   In  addition  to  the
16    requirements of the general election law, the notice  of  the
17    referendum  shall  include a description of the area proposed
18    to be annexed to the district.
19        The proposition shall be in substantially  the  following
20    form:
21             Shall  (description  of the territory proposed to be
22        annexed) join the Mid-America Intermodal  Authority  Port
23        District?
24    The votes shall be recorded as "Yes" or "No".
25        The  court  shall  cause a statement of the result of the
26    referendum to be filed in the records of the court.
27        If a majority of the votes  cast  upon  the  question  of
28    annexation to the district are in favor of becoming a part of
29    the  district,  the  court  shall then enter an order stating
30    that  the  additional  territory  shall  thenceforth  be   an
31    integral  part  of  the Mid-America Intermodal Authority Port
32    District and subject to all of the benefits  of  service  and
33    responsibilities  of  the  district.  The circuit clerk shall
34    transmit a certified copy of the order to the  circuit  clerk
HB2554 Enrolled             -26-              LRB9007777MWpcB
 1    of any other county in which any of the territory affected is
 2    situated.
 3        Section  170.  Annexation  of  territory  having no legal
 4    voters.  If there is territory  contiguous  to  the  district
 5    that  has  no  legal voters residing within it, a petition to
 6    annex the territory signed by all the owners of record of the
 7    territory may be filed with the circuit court for the  county
 8    in  which  a  major part of the district is situated.  A time
 9    and place for a hearing on the subject of the petition  shall
10    be  fixed  and  notice  of  the hearing shall be given in the
11    manner provided in Section 165.  At the hearing any owner  of
12    land  in  the territory proposed to be annexed, the district,
13    and any resident of the district  may  appear  and  be  heard
14    touching  on  the  sufficiency of the petition.  If the court
15    finds that the petition satisfies the  requirements  of  this
16    Section, it shall enter an order stating that thenceforth the
17    territory  shall  be  an  integral  part  of  the Mid-America
18    Intermodal Authority Port District and subject to all of  the
19    benefits  of  service  and  responsibilities of the district.
20    The circuit clerk shall transmit  a  certified  copy  of  the
21    order  of  the court to the circuit clerk of any other county
22    in which the annexed territory is situated.
23        Section  175.   Administrative  Review  Law.   All  final
24    administrative decisions of the Board, shall  be  subject  to
25    judicial  review  under  the provisions of the Administrative
26    Review Law and the rules adopted under  that  Act.  The  term
27    "administrative  decision" means the same as in Section 3-101
28    of the Code of Civil Procedure.
29        Section 180. Severability.  If any provision of this  Act
30    or  its  application  to  any  person or circumstance is held
31    invalid, the invalidity of that provision or application does
HB2554 Enrolled             -27-              LRB9007777MWpcB
 1    not affect  other provisions or applications of this Act that
 2    can  be  given  effect  without  the  invalid  provision   or
 3    application.
 4        Section  185.  Interference with private facilities.  The
 5    provisions of this Act shall not be considered as  impairing,
 6    altering,  modifying,  repealing,  or  superseding any of the
 7    jurisdiction or powers of the Illinois Commerce Commission or
 8    of the Department of  Natural  Resources  under  the  Rivers,
 9    Lakes,  and  Streams  Act.  Nothing in this Act or done under
10    its authority shall apply to, restrict, limit,  or  interfere
11    with  the  use  of  any  terminal,  terminal  facility,  port
12    facility,  or  intermodal  facility  owned or operated by any
13    private person for the storage or handling or transfer of any
14    commodity moving in interstate commerce or  the  use  of  the
15    land  and  facilities  of  a  common  carrier or other public
16    utility and the space above that land and those facilities or
17    the right to use  that  land  and  those  facilities  in  the
18    business  of  any  common  carrier  or  other public utility,
19    without approval of  the  Illinois  Commerce  Commission  and
20    without  the  payment  of  just  compensation  to  any common
21    carrier or other public utility for  damages  resulting  from
22    any restriction, limitation, or interference.
23        Section 190.  Non-applicability of conflicting provisions
24    of  the  Illinois  Municipal  Code.   The  provisions  of the
25    Illinois Municipal Code shall not  be  effective  within  the
26    area  of  the  district insofar as the provisions of that Act
27    conflict  with  the  provisions  of   this   Act   or   grant
28    substantially  the  same  powers to any municipal corporation
29    that are granted to the district by this Act.
30        Section 800.  The Intergovernmental  Cooperation  Act  is
31    amended by changing Section 2 as follows:
HB2554 Enrolled             -28-              LRB9007777MWpcB
 1        (5 ILCS 220/2) (from Ch. 127, par. 742)
 2        Sec. 2. Definitions. For the purpose of this Act:
 3        (1)  The  term  "public  agency"  shall  mean any unit of
 4    local government as defined in the Illinois  Constitution  of
 5    1970,  any  school  district,  any  public  community college
 6    district,  any  public  building  commission,  the  State  of
 7    Illinois, any agency of the State government or of the United
 8    States, or of any other State, any political  subdivision  of
 9    another  State,  and any combination of the above pursuant to
10    an intergovernmental agreement which includes provisions  for
11    a governing body of the agency created by the agreement.
12        For  the  purposes  of this Act, "public agency" includes
13    the Mid-America Intermodal Authority  Port  District  created
14    under the Mid-America Intermodal Authority Port District Act.
15        (2)  The  term  "state"  shall mean a state of the United
16    States.
17    (Source: P.A. 87-1208.)
18        Section 999.  Effective date.  This Act takes effect upon
19    becoming law.

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